LABREL Recit Notes

Atty. Jimeno
Kalai SY 2011-2012
-LABOR RELATIONS
Atty. Jimeno
Recit Notes

June 21, 2011

1. What are the cases within the original and exclusive jurisdiction of the labor arbiter
2. What does gross violation of the CBA mean?
a. Gross as defined under Art. 261: flagrant or malicious refusal to comply with the
economic provisions of the CBA.
3. What are termination disputes? Pertains to illegal dismissal
4. No. 3 and 6 of article 217
5. Suppose it is a money claim arising from the visitorial power of the Secretary of Labor and his
alter-egos?
a. Art. 128: if it exceed 5K or less than 5K without claim for reinstatement jurisdiction still
lies with the regional director
6. Claims or damages? Jurisdiction still lies with the labor arbiter
7. Kawachi vs. Del Quero (REASONABLE CAUSAL CONNECTION RULE)
8. What is Art. 264? Prohibited activities during strikes and lock outs
9. Other cases within the jurisdiction of the labor arbiter
Wage Distortion in:
Organized Establishment Unorganized Establishment
Voluntary Arbitration NCMB refers to NLRC for compulsory
arbitration

10. Jurisdiction over compromise agreements

Art. 227 with NLRC/LA/Courts, if non-compliance is due to fraud, misrepresentation or coercion.
11. Hawaiian Phil. Vs. Gulmatico
12. Who has exclusive appellate jurisdiction over decision of the LA? NLRC
13. What is the nature of the proceedings?
14. Silva Case: on the issue of rules of procedure, timely filing of motion for reconsideration.
a. NLRC is not bound by technical rules but filing of a motion within the reglementary
period is MANDATORY AND JURISDICTIONAL
b. On the issue of jurisdiction: no conflict on jurisdiction of LA and VA it only apportioned
the jurisdiction.
15. Money claims of Coop Ees when cognizable by LA?
a. when the member is also an Ee of the coop.
b. if the coop is a labor only contractor, members can join the union.
Zxc9
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012

June 28, 2011

1. What are the rule-making powers of the NLRC?

2. Can a division of the NLRC promulgate rules? No en banc only.
3. What are the original adjudicatory powers of the NLRC? (relate to art. 263 (g)/injunction
4. What are the appellate jurisdiction of the NLRC?
5. How many days (period to file an appeal) to appeal to the NLRC?
a. From decision of Labor arbiter 10 days
b. From decision of Regional Director 5 days
6. Case of Pondoc vs. NLRC (p.69)
7. Can a Labor Arbiter issue an injunction?
8. What is the difference when the Labor arbiter cites a party in contempt vs. NLRC cites party in
contempt? LA= decision may be appealed; NLRC= decision immediately executory
9. What is the rule on indirect contempt? Follow the rules of court
10. What are the rules on injunction under the labor code? Art. 218 (e)
11. What is the difference between a TRO and Temporary Injunction?
TRO TEMPORARY INJUNCTION
Effective for a period of 20 days Effective until final disposition of the case
Ex parte With hearing

12. What are the grounds for the issuance of a TRO? Requisites?
Requisites of TRO Art. 218 (e)
a. Substantial Irreparable injury is unavoidable
b. Testimony under oath sufficient to justify subsequent issuance of an Injunction
c. Hearing after notice
d. Filing of undertaking
13. What are the requisites of an adequate remedy at law?
a. plain
b. complete
14. Case: PAL vs. NLRC (p.77)
15. What is Art. 221 (Technical rules are not binding)
16. Case: Cabalen vs. Quiambao, Why was the evidence not admitted?
17. Even if the parties decide to submit the case for decision, may the labor arbiter conduct a
clarificatory hearing? Yes
18. What happens in a clarificatory hearing?
19. What are the cardinal rights in Quasi-judicial proceedings? (Ang Tibay v. CIR)
20. Case: Olacao vs. NLRC (p.87)
21. Case: Manaya v. Alabang Country Club, What are the exceptional instances where untimely
filing of appeal was allowed?
22. What are the requisites of res judicata? (p.90)
23. If a case is dismissed without prejudice can it be revived? Yes.
24. What is the period within which to file revival of the case? 10 working days
25. If period lapses can it be refiled? Yes.
26. What are the ways a commissioner may inhibit?
27. If one commissioner inhibits, should he be replaced? No, only 2 commissioners are needed to
decide
28. Case: Kanlaon vs. NLRC (Pp.104)
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
29. Are negotiation fees/attorneys fees allowed to be deducted/collected?
a. Morino vs. Ganilla (p.107 footnote 1)
b. Gen. Rule: Attys fees and negotiation fees must come from the union fund.
30. Art. 223 what are the grounds for appeal?
31. Can you file a motion to reduce the amount of the bond? What are the requirements?
32. Is a bond in the form of real property allowed? (p.120)
33. What is the effect of failure to comply with conditions of an accepted bond? (p.121)
34. When does the decision become final and executory?
35. Is the order of the NLRC immediately final and executor? (p.128, Rule X Sec. 9)
36. How many days is the period for filing of a motion for reconsideration?
37. Case: Sadol vs. Pilipinas (p.128)
38. What is the effect if a motion for reconsideration is not filed?
a. Party cannot file a petition for certiorari via Rule 65. Why?
b. All available legal remedies were not availed of.

July 5, 2011

1. What is A.M. No. 07-7-12-SC?

2. What are the amendments in the foregoing circular?
a. Rule 65: Sec. 4 Rule on extension of filing was deleted
b. Laguna Metts Case: effect of amendments under Rule 65 sec. 4
Ruling on the deletion of extension of time for filing: intention of amendment was to no
longer have an extension. Technical rules on doing specific acts/reglementary periods are
ABSOLUTELY INDISPENSABLE.
3. What is the amendment under Sec. 7 of Rule 65? (par. 2)
Under the NLRC rules of procedure, if there is no TRO, case will proceed.
4. What is the amendment in sEC. 8?
a. What was added? Treble cost/ Administrative sanctions
b. No hearing for sanctions: res ipsa loquitur applies.
5. What is the amendment under Rule 45? Expressly provided for provisional remedies.
SC issued TRO- indefinite life
6. What is the amendment under Rule 58? If preliminary injunction is issued, the case must be
resolved within 6 months
7. What are the grounds for petition for certiorari?
8. Before filing Petition for Certiorari what is necessary? Motion for Reconsideration
a. why? Exhaustion of administrative remedies
9. Case: AMA vs. Nacino- decision of Voluntary Arbitrator appealable via Rule 43
10. Case: G & M Phil vs. Rivera
Issue: Finding of facts/ Questions of Facts
11. Writ of Execution: Art. 224
a. Before the issuance of a writ of execution, what should the LA/Commission have?
RECORDS OF THE CASE
b. It is only upon the return of the records of the case that the LA may issue writ of execution
upon motion or motu propio
12. Instances when there is PARTIAL EXECUTION? Reinstatement pending appeal.
13. Where will LA base issuance of writ if records have been transmitted to NLRC?- if there is
reinstatement immediately executor and there as an appeal LA retains a copy of the records.
14. Execution of monetary judgment (process, p. 149)
15. Case: Johnson and Johnson
a. the decision expressly provided the EEs an option (separation pay or reinstatement), choice
of the alternative should be with the EEs
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
16. Case: Abbot vs. NLRC (P.149)
17. Case: Yupangco Cotton Mills vs. CA (p.152)
a. remedies of a 3rd party claimant file a 3rd party claim against the sheriff and LA(this should
be filed first before going to the court)
b. LA will suspend the execution, thereafter conduct a hearing where the 3 rd party may post a
bond to stay execution or the claiming party to post a supersedeas bond for execution to
proceed
c. Other Remedies if the 3rd party claim is denied: Sec. 16, Rule 39 or Accion Reinvindicatoria
(if this filed even during the pendency of the 3 rd party claim before the LA, it is not
considered forum shopping because the subject of the disputes are different. Issue with the
LA is the manner of the execution)
18. Simulated Sale (Tanongon vs. Samsoon p.156)
19. What is the jurisdiction of the BLR?
20. Definitions:
a. Intra-union disputes
b. Inter-union disputes
c. Other related labor relations disputes
21. Case: Diokno vs. Cacdac (Argument: Art. 226- dead law)
22. What was amended under Art. 226? 2ND Paragraph: period to act on the dispute (RA 6715)
23. Art. 227 Compromise Agreement- also applies to Labstan
a. What are the requisites?
24. When can NLRC/Court assume jurisdiction? (p.164)
25. Case of Veloso vs. Dole p.165
26. Case: Jag vs. NLRC P. 167
27. J.Phil Marine vs. NLRC: if compromise agreement is entered into with assistance of the DOLE
even without counsel compromise agreement is valid.
28. Can there be a compromise agreement even after final judgment?
Magbanua vs. Uy: even final judgment may be a subject of a compromise agreement. A
compromise agreement entered into before, during, after the case is VALID EXCEPT when
there is vice of consent.
29. Option if one of the parties do not comply with Compromise Agreement (p.173)
30. Case of PNB vs. Velasco- what was filed was rule 43, what should have been filed was Rule 65
31. St. Martin Funeral Home Case: Does the Labor Code provide for appeal of the decision of the
NLRC? No.

July 12, 2011

1. What is a Labor Organization? (p.179)

2. Distinguish : Labor Organization vs. Legitimate Labor Organization
3. What is a Union?
4. Can an unregistered Labor Organization engage in collective bargaining? No. The law provides
that it must be a registered and recognized labor organization by the company before it can
engage in collective bargaining.
5. What are the requirements for a labor organization to be able to enter into a CBA?
a. it must be LEGITIMATE (REGISTERED)
b. Ask for voluntary recognition
6. What is a workers association?
7. Distinction between Collective Bargaining and Dealing with the Employer? (p.180)
8. Classification of Labor Organizations
a. national union/federation
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
b. industry union
c. trade union center
d. alliance
e. company union
9. What are union s in the enterprise level? Either independent (through own action) or charter
10. What is a trade union center? Give an example.
a. San Miguel Case (2007) Trade unions cannot issue charters/create chapters; cannot file for
Petition for Certification Election. Why? It is a group of federations.
Group of national union or federations organized for the mutual aid and protection of its
members, for assisting such members in collective bargaining or for participating in the
formulation of social and employment policies, standards and programs.
11. R.A. 9481 20 percent of the bargaining unit registration requirement applies only to
independent union.
a. What is the amendment in Art. 234?
b. Art. 234-A, significance of a charter certificate? Acquisition of legal personality only for
purposes of filing a petition for a certification election
12. Who can file petition for certification election for the local/chapter?
a. the federation/national union/chapter itself
13. If the federation/national union files the PCE, can the Employer demand that officers be
disclosed? NO RA 9481 specifically provides for the prohibition.
14. If its the chapter who files, are they required to disclose? Yes
15. For purposes of Collective Bargaining, can the chapter engage in CBA negotiations upon
issuance of the charter certificate? No. It is still not registered (Art. 234-A). Legal personality is
acquired upon issuance of the certificate of registration and it does not retroact to the date of
the issuance of the charter. ONLY UPON DATE OF ISSUANCE OF CERTIFICATE OF
REGISTRATION will it have legal personality to negotiate.
16. What are the grounds for cancellation of registration? (Art. 239)
Misrepresentation, false statement or fraud in connection with the adoption or ratification of the
constitution and by-laws or amendments thereto, the minutes of ratification and the list of
members who took part in the ratification
In connection with the election of officers, minutes of the election of officers and the list of voters
Voluntary dissolution by the members

17. How do you voluntarily dissolve a union? (Art. 239-A) at least 2/3 of its general membership
votes in a meeting duly called for that purpose to dissolve the organization meeting duly called
for that purpose to dissolve the organization
Application to cancel registration (submitted by the board of org and attested to by the
president)

18. Art. 238-A Will a petition for cancellation stop petition for certification election? No.
A petition for cancellation of union reg shall not suspend the proceedings on certification
election nor shall it prevent the filing for a petition for certification election.

19. Reportorial requirements: what is the effect if the union fails to comply? (Art. 242-A)
Failure to comply shall not be a ground for cancellation of union registration but shall subject the
erring officer or members to suspension, expulsion from membership, or any appropriate
penalty.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
20. Art. 245: mixed membership is no longer a ground for cancellation of registration.
Mixed Membership may also refer to rank and file Ees who are members of different unions

Management employees are not eligible to join , assist or form any labor organization.
Supervisory employees shall not be eligible for membership in the CBU of the rank and file ee
but may join, assist, or form separate cbu or lll of its own

The rank and file union and supervisors union operating within the same establishment may
join the same federation or national union.

The inclusion as union members of employees outside the bargaining unit shall not be a ground
for cancellation of the registration of the union. Said employees are automatically deemed
removed from the list of said union.
.
21. Who are the employees who can form a union?R&F & S
22. Art. 256: What is an organized establishment? It is a company where there is an existing union
who is certified collective bargaining agent.
23. What does art. 256 provide?
24. When does written consent of the Ees not required? If the petition is filed by the employer.
25. What does Art. 258-A provide?
26. What is an affiliate? P.197 An affiliate is an independently registered union that enters into an
agreement of affiliation with a federation or a national union. It also refers to a chartered local
which applies for and is granted an independent registration but does not disaffiliate from its
mother federation or national union.
27. When does a local/chapter become an affiliate? When the local chapter seeks independent
registration.
28. What happens when independent union affiliates with a federation does it lose its legal
personality? No. its legal personality continues.
29. Can an affiliate disaffiliate? Constitutional guarantee of freedom of association
a. Exception: if Constitution and By-Laws provides a prohibition on disaffiliation

30. If an independent union disaffiliates will he not be charged for disloyalty? No if it is not in
violation of the constitution and by laws.
To disaffiliate is aright but to observe the terms of affiliation is an obligation

31. Liberty cotton mills (p.200) there was no disloyalty

32. Villar vs, Incion (p. 202) there was disloyalty (minority of the members)
33. What is the effect of disaffiliation of union dues? The employees check-off authorization, even if
declared irrevocable, is good only as long as they remain members of the union concerned.
34. How is revocation of charter done? What are the grounds? Disloyalty/Violation of the
constitution and by-laws
Verified notice of revocation cc BLR on the grounds of disloyalty or such grounds as may be
specified in the constitution/by-laws of the federation, NU or workers association
35. What happens when there is already an existing CBA?
a. CBA continues
b. The local/chapter is given the opportunity to register as an independent union.
36. Who can file petition for cancelation? Any party in interest.
37. If it is the members who files the petition for cancelation what is the requirement? 30% of
members (2/3)
38. What is the exception to right to union membership? If individual is a member of a subversive
organization.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
39. Exception as to the election of a union officer? If individual is convicted of a crime involving
moral turpitude
40. Right over money matters: what is the common element?
a. must be in accordance with Art. 241
b. There must be a general meeting called for the purpose of imposition/use of assessments or
use of funds
41. If you are a member of the union are you automatically a member of the CBA? No.
42. Who are members of the Collective Bargaining Unit? Depends on the unions constitution and
by-laws. Nonetheless, an employee is already qualified for union membership starting on his
first day of service.
43. Can members of the collective bargaining unit not members of the union vote in the election of
officers? No.
44. In which election can non-members vote? Certification Election Ratification of CBA
45. What is the duty of the president of the union to ensure the transition/holding of election of union
officers? Create an election committee within 60 days before expiration of the encumbent
officers term
46. How long is the term of the union officers? 5 yrs
47. Can union impose eligibility requirements for membership/voters? Yes.
a. what are reasonable requirements? Ex. Reasonable period of membership
48. Can the union impose other qualifications for a member to be qualified as an officer?
a. requirement of a voter is the same as the requirement for a union officer but a member
convicted of a crime of moral torptitude may vote but cannot run for a union officer position.
49. Case: Ferrer vs. NLRC p. 224- there was no disloyalty because they were merely exercising
their rights to self-organization

July 19, 2011

1. What is the visitorial power of the secretary of labor? (p.229, Art. 274) inquire into the financial
activities of any labor organization on the basis of a complaint under oath, supported by 20
percent of the membership in order to determine compliance or non-compliance with the laws
and to aid in the prosecution of any violations thereof
2. What is the requirement?
a. Complaint under oath
b. 20% of the membership.
3. Differentiate from visitorial power of secretary of labor under Art. 128
a. Visitorial power under art. 128 refers to its exercise due to violations of labstan/compliance;
can be done motu propio
4. What is a check-off ? is a method of deducting from an employees pay at prescribed period, the
amounts due the union for fees, fines or assessments.

5. When there is a check-off what is the mandatory requirement? individual authorization of the
employee
a. refers only to union members
b. refers to check off of assessments

other than for mandatory activities labor relation seminars and other labor education activities,
no special assessment, attorneys fees, negotiation fees or any other extraordinary fees may be
checked off from any amount due an employee without individual written authorization duly
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
signed by the employee. The authorization should specifically state the amount, purpose and
beneficiary of the dedecution.
6. What is disauthorization?
a. agency fee: no need to have individual authorization amount, equivalent to union dues
which a non-union member pays to the union bec he benefits from the CBA negotiated by
the union.
b. no need for individual disauthorization; can be collective.
7. Check-off is between what parties?
a. between the union and employees
b. employer to make the deduction
c. the union cannot sue or demand from the employer the amount of the deductions for failure
to comply with the check-off. Employer can be liable for ULP on the ground of non-
compliance with the economic provisions of the cba.
8. Case: Palacol vs. Pura-Ferrer (p.230)
a. requirements for collection of special assessments
b. form of disauthorization
c. special purpose of assessments
d. similar charges
9. Take note: art 241 (n); Art. 252 (b) these must come from union funds.
10. What is a mandatory activity? (p.230)
e.g. compulsory arbitration. Art. 241 (o), Art. 241 (p)
11. What are other special assessments/fees that can be collected without check-off? Art. 277 (a)
Union is authorized to collect reasonable dues/fees subject to the requirements provided by law.
12. Is Illegal check-off a ground for cancellation of registration? No. See Art. 239 as amended by
RA 9481.
13. Art. 242: What are the rights of a legitimate labor organization? Differentiate par. A from par. B.
14. Can a union which is not certified stage a strike? illegal
15. What is Art. 255
16. Who may put up a labor management council? Reauest by both parties
17. If Employees intervene is it ULP? No. express provision of law (art. 255)
a. labor management council need not be registered, formally organized.
18. Case: Acedera vs. International Container (footnote no. 2, p.237)
19. When is compromise binding upon minority members?
20. Why is it when money claims are involved it is not binding upon the minority?
21. Art. 243: What is the coverage & employees right to self-organization?
22. Why are managerial employees excluded from self-organization?
23. Can managerial employees enjoy benefits of the CBA?
24. Are they liable to pay union dues/fees? Liable to pay agency fee, but not union dues/fees
because a member of the bargaining unit.
25. Who else are excluded from self-organization?
a. cooperatives
b. international organizations
c. foreign workers? What are the requirements?
- valid working permit
- their country provides similar benefit to Filipinos.
26. Religious objectors: RA 3350?
a. exempt from compulsory union membership.
27. Case: Victoriano vs. Elizalde (p.247), Ebralinag vs. Division Superintendent p.248; Kapatiran vs.
Calleja (p.249)
28. Can members of a religious sect hold a certificate election?
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
29. Art. 244 employees in public service?
30. What does E.O.180 provide? It limited those who can exercise right of self-organization.
31. What is the difference of self-organization in the Private and Public sector
Private Government
To form, join, assist Labor organizations To form, join, assist Employees
for puproses of collective bargaining organization of their own choosing FOR
FURTHERANCE & PROTECTION OF
INTERESTS
Excluded from negotiating on those
terms fixed by law.

32. Who are the government employees who may exercise self-organization? Employees of
GOCCs created under the Corporation code. E.g. tollways, PNCC
33. What cannot be negotiated? Those which are fixed by law.
34. What can be negotiated? Those not fixed by law (p.251)
35. Case: UP vs. Ferrer Calleja (p.253)
a. do they have the right to strike? Yes. On matters which are allowed or not fixed by law.
b. Community or mutuality of interests TEST provided standard of determining the proper
constituency of a collective bargaining unit.
36. Where do government employee associations register? DOLE & CSC
37. Who has jurisdiction over labor disputes concerning government employees? Public Sector
Labor Management Council (PSLMC)
38. Who has jurisdiction in election of officer in government associations? BLR
39. Can temporary employees? Yes. (p.157) art. 297 (c)

August 9, 2011

1. What are the kinds of managerial employees?

a. First Level Managers
b. Middle Management
c. Top Management
Rank and File employees are otherwise known as operative employees
2. What does Art. 245 provide?
a. what are the amendments/additional rights given to managerial/ supervisory employees
3. What does Art. 245-A provide?
a. mixed membership no longer a ground for cancelation
b. mixed membership pertains to either Supervisory Ees as member of a R/F union or
members of one union also become members of another union
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
4. Fr. Bernas: By statutory provision, some workers/employees are prohibited from joining, forming
etc abor organizations/unions (e.g. government employees)
5. Can workers in the public sector engage in concerted activity?
6. What is the Rationale behind Art. 245
a. Point of View of Union- Bulletin Publishing vs. Sanchez: managerial employees cannot
assure the union of their loyalty.
b. Point of view of Management- to allow such will wreak havoc.
7. State the evolution of the right to organize (p. 262-263)
8. Memorize: Article 212(m) definition of managerial employee and supervisory employee
9. What are the requisites of recommendation of a supervisory employee?
a. judgmental
b. independent
c. effective
10. What are confidential Employees?
a. History of Confidential Employees (p.269)
b. Philips Case
c. Metrolab Case (p.273)
** a supervisory employee may be considered a confidential employee by virtue of the nature of
his functions hence precluded from joining unions
11. Definition of Confidential Employee
12. San Miguel Case (p.276)
13. What is the labor nexus? (p.275)
14. San Miguel Case- exception to confidential employee if access to confidential matters are
incidental only to his work
15. What is the objective of the rule on confidential employees? To exclude those falling within the
definition from joining the bargaining unit. Why? To avoid conflict of interest
16. If by agreement of the parties, an individual is designated as a confidential employee he is
excluded from becoming a union member although he is still considered as a rank and file
employee.
a. Case of Metrolab and San Miguel pertain to confidential employees by definition and are
thereby considered managerial employees.
17. Security Guards can form, join, assist etc if they are employees in a security department of
the employee. The same does not hold true in the case of a security agency. Why? Because
they are not employees of the company.
18. What is the rule regarding workers in export processing zones?

19. What is Art. 246? Non-abridgement of the right to self-organization.

Right to form, join or assist labor organization

Right to engage in lawful concerted activities

20. What is the right of self-organization?

21. What is article 263? Strikes, Picketing & lockouts. 264? Prohibited activities

22. What are unfair labor practices?

Refers to those acts as defined by the code; it refers to acts opposed to the workers right to self
organization with the exception of Art 248 (f) referring to dismissing/prejudicing an employee for
giving testimony (regardless of the subject of the testimony).
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012

Offense against public right or interest and should be prosecuted in the same manner as a
public offense
Carries both civil and criminal liabilities

ULP at enterprise level Elements:

1. Employer-employee relationship between the offender and the offended

2. Act done is expressly defined in the Code as an act of unfair labor practice

Connotes Anti-unionism

23. Why are ULPs prohibited?

a. violates the constitutional right to self-organization
b. inimical to the legitimate interest of labor and management
c. it is the interest of the state to have industrial peace

24. What are the requirements for criminal prosecution of ULP?

- Prosecution of ULP as a criminal offense is not possible UNTIL AFTER FINALITY OF
JUDGMENT IN THE LABOR CASE, finding that the respondent indeed committed ULP.
- Such Judgement will not serve as evidence of ULP in the criminal case; the CRMINAL
CHARGE MUST BE PROVED INDEPENDENTLY FROM THE LABOR CASE.
- Criminal prosecution of ULP falls under the jurisdiction of the MTC or RTC.
- While only Substantial Evidence is required in the labor case in the
NLRC, Proof Beyond Reasonable Doubt is needed to convict in the
criminal case of ULP
- Art. 289 states that the penalty shall be imposed upon the guilty officers of the employer. If
the ULP is committed by a labor organization the parties liable are those mentioned in
article 249.

25. What is the prescriptive period of prosecuting the criminal aspect of ULP? 1 year. (art. 290)

26. Why is there a need for final judgment on the administrative case before a prosecution of the
criminal aspect of ULP? For compliance.

27. What are the elements of ULP?

- Er-Ee relationship
- Acts provided by the labor code

28. case of Wise Co, (p.292)

Profit sharing program granted to managers and supervisors, union requested that this be made
available to the union members. During renegotiation of CBA this was allowed. Subsequently,
management distributed profit sharing benefits even to R/F Ees not members of the union.
RULING: No discrimination amounting to ULP. There can be no discrimination where the
employees concerned are not similarly situated. Grant was within the ambit of management
prerogative, done in good faith.

Mariano: Despite the employers right to self-organization, the employer still remains his
inherent right to discipline his employees, his normal prerogative to hire/dismiss them
 LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
In the case, the Court rules that the dismissal of the employee was unjustified, but that the
employer did not commit ULP because the act has no union connection.

29. what is the totality of conduct doctrine?

Culpability of the employers remarks/conduct was to be evaluated not only on the vasis of their
implications, but against the background of and in conjunction with collateral circumstances.

Expressions of opinion by the employer though innocent in themselves, frequently were held to
be culpable because of the circumstances under which they were uttered, the history of the
particular employers labor relations or anti-union bias or because of their connection with an
established collateral plan of coercion or interference.

30. Can ULP be committed even if the union has not yet registered? YES. The private respondents
were dismissed for having solicited signatures in order to form a union within the plant. Corp. is
guilty of ULP for interfering with the formation of a labor union and retaliating against the Ees
exercise of their right to self organization.

Yellow dog contracts by which employees promise not to form or join unions
ILO Convention No. 98
Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their
employment.
Against any acts of interference

No ULP: Valid exercise of management rights

1. Personnel Movement

Prerogative of the company to promote, transfer, or even demote its employees to other
positions when the interests of the company reasonably demand it.

2. Acceptance of mass resignation (voluntary) is not ULP

3. Grant of profit-sharing benefits to non-union members
4. Forced Vacation Leave
-temporary reduction of working days was a more humane solution instead of a retrenchment
and reduction of personnel (Phil. Graphics v nlrc)

5. Issuance of Rules/Policy
The freewill of management to conduct its own business affairs to achieve its purpose cannot be
denied.

6. Taking Action Against Slowdown

Employees have the right to strike, but they have no right to continue working on their own
terms while rejecting the standards desired by their employer.

Determining the validity of an employers act involves an appraisal of his motives.

August 23, 2011

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
ULP ACTS OF THE EMPLOYER:
a. interference
b. yellow dog condition
c. contracting out
d. company unionism
e. discrimination for or against union membership
f. discrimination because of testimony
g. violation of duty to bargain
h. paid negotiation
i. violation of CBA.

1. Examples of interference?
a. Interrogation- not interference if questioning of an Ee concerning union activities when there
is a presence of the following:
- the purpose for eliciting information was communicated to him
- there is an assurance that no reprisal would take place
- his participation was obtained in a voluntary basis
- questioning occurs in a context free from employer hostility to union
organization
- must not in itself coercive in nature.
b. prohibiting organizing activities
c. espionage and surveillance
d. economic inducements

CASE: Dabuet vs. Roche Pharmaceuticals

Officers of the union sought formal conference with its management regarding dismissal of their
pres./vp. Management berated the petitioners for writing the letter and called the letter and
person who prepared it stupid. Lawyer of the union filed a case of grave slander against the
gen.manager. union members executed affidavits in support of the case for which the co. filed a
case of perjury against the union members and subsequently dismissed them.
RULING: ULP. Letter written by and for the union addressed to the management referred to
employee grievances/labor management issues and employees concerned were all union
officers seeking renegotiation of the CBA. Letter was an act of mutal aid, protection and benefit
of the employees concerned. THEIR DISMISSAL UNDER THE CIRCUMSTANCES
AMOUNTED TO INTERFERENCE WITH RESTRAINT OR COERCION OF THE PETITIONERS
IN THE EXERCISE OF THEIR RIGHT TO ENGAGE IN CONCERTED ACTIVITIES FOR THEIR
MUTUAL AID OR PROTECTION.

Prohibiting Organizing Activities- a rule prohibiting solicitation of union membership in company

property is unlawful if it applies to non-working time as well as to working time.

ULP, in view of PUBLIC INTEREST is NOT SUBJECT TO COMPROMISES.

1. Interrogation
Persistent interrogation of employees to elicit information as to what had happened at union
meetings and the identitu of the active union employees
2. ULP even before Union registration
3. Prohibiting Organizing Activities
4. Violence or Intimidation
5. Espionage and Surveillance Spying
6. Economic Inducements
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
7. Employers Expression of Opinion: Totality of Conduct Doctrine
8. Mass Layoff amounting to ULP
9. Sale in Bad Faith
10. Assumption of Obligations by New Company
11. Successor Employer
2. Difference of interference, coercion and restraint?
a. Interference: mode of getting Involved
b. Coercion: forces the Ee to do an act
c. Restraint: prevent from doing an act
** in both cases there is interference (coercion and restraint)
** union security clause- a form of interference
** Employer is a bystander in issues involving Ees right to self organization

ECONOMIC INDUCEMENTS: well settled rule that while a representation election is pending,
the conferral of employee benefits for the purpose of inducing the employees to vote against a
union is UNLAWFUL.

3. Insular Life Ees Assn. vs. Insular life (p.301)

Company president sent individual letters to striking employees urging them to abandon their
strike with a promise of free coffee and movies and paid overtime.
RULING: Letters: an act of interference for the Er to send letters to the Ees notifying them to
return to work at a time specified, otherwise new employees would be engaged to perform their
duties.

Strikebreaking: company offered reinstatement and attempted to bribe them so they would
abandon the strike and return to work. It was guilty of strikebreaking and union busting and
consequently of ULP.

TEST OF INTEREFERENCE: WON the employer has engaged in conduct which it may
reasonably be said tends to interfere with the free exercise of employees right. It is not
necessary that there be direct evidence that any employee was in fact intimidated or coerced by
statements of threats of the employer if there is a reasonable inference that the anti-union
conduct of the ER does have an adverse effect on self organization and collective bargaining.

4. What is the totality of conduct doctrine?

- the culpability of the employer remarks has to be evaluated not only on the basis of their
implicit implications but in conjunction with collateral circumstances.

5. What is a mass lay-off? Dismissing employees madrigal cas capital reduction to justify mass
lay-off

6. Madrigal vs, Zamora (p.302)

Union sought reneweal of CBA with a proposed wage increase, allowance and other economic
benefits. Petitioner reduced its capital stock.
RULING: Petitioners capital reduction efforts were, to begin with, a subterfuge as it were to
camouflage that it had been making profits, and consequently, to justify the mass-lay off in its
employee ranks, especially of union members.

7. Moncado vs. Bijon Factory vs. CIR (P. 304) Sale in bad faith
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
Er requested Ees to resign from their union and withdraw claims they filed before CIR three
years earlier. Requests were rejected by the Ee. Factory suspended operations and the Er
thereafter executed a deed purpoting to convey the factory to Yu Guat.
RULING: Sale of the factory was in bad faith. Sale was a simulated device to get rid of the co.
employees.

Cruz vs, PAFLU: Where the sale of a business enterprise was attended with bad faith, there is
no need to consider the applicability of the rule that labor contracts being in personam are not
enforceable against the transferee. The latter is in the position of a tort feasor having been a
party likewise responsible for the damage inflicted on the members of the aggrieved union and
therefore cannot escape liability.

DOCTRINE OF SUCCESSOR EMPLOYER: new company, when it is a subterfuge of the right

of the employees, will be treated as a continuation or the successor of the one that closed.

8. Umali vs. CA
Under the doctrine of piercing the veil of corporate entity
a. when valid grounds exist, the legal fiction that a corporation is an entity with a separate
juridical personality distinct from its members/stockholders may be disregarded.
b. The corporation will be considered as a mere association of persons.
c. Liability will attach directly to the officers and stockholders.
d. Doctrine applies when the corporate fiction is used to defeat public convenience, justify
wrong, protect fraud, or defend crime.
9. What happens when the corporate veil is pierced?
- can make stockholders and officers personally liable
- corporation becomes a mere association of persons

10. H. Aronson vs. Associated Labor Union (p.306)

Union proposed CBA, management refused so the union staged a strike. Management was left
with no choice but to grant the demands. Angered by what the union did, management
dissolved the corporation thereby terminating the employment of all the Ees. The following day,
mgt. formed 2 new corporations with the same corporate purposes and capitalization.
RULING: dissolution was part and parcel of the plan to dismiss the union members. New
corporations had the same capitalization, functions, controlling stockholders, started operations
a day after the dissolution of the old one and only non-union member employees were rehired.

11. What is a yellow dog contract? (Art. 248 b) It is a promise exacted from workers as a condition
of employment that they are not to belong to, or attempt to foster, a union during their period of
employment.

The typical yellow dog contract is an at will employment agreement which contains, in addition
to the usual provisions fro employment, the following 3 provisions: (1) representation by the
employee that he is not a member of a labor union, (2) a promise by the employee not to join a
labor union; (3) a promise by the employee that, upon joining a labor union, he will quit his
employment.

12. What is the yellow dog contract called in the:

a. United Kingdom: Signing the document
b. U.S. : Ironclad
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
13. Contracting out? valid as long as it is done in good faith. Must not have ben resorted to
circumvent the law or must not have been the result of malicious or arbitrary action.

14. Shell Union vs. Shell Co. (p.309)

Shell dissolved its security guard section and replaced it with an outside agency, claiming that
such act was a valid exercise of management prerogative. Union otherwise argued relying on
the CBA provision which assured the continued existence of the security guard section at least
during the lifetime of the CBA.
RULING: CBA constituted a bar to such decision reached by the management. There was a
specific coverage concerning the security guard section in the CBA. What is involved is the
integrity of the agreement reached, the terms of which is binding on both parties. Shell could
have reserved the right to effect a dissolution and reassign the guards but did not so.

15. What is a runaway shop? An industrial plant moved by its owners from one location to another
to escape union labor regulations or state laws, but the term is also used to describe a plant
removed to a new location in order to discriminate against employees at the old plant because
of their union activities.

16. Complex Electronics vs. NLRC (P.310)

Complex Electronics was a subcontractor of electronic products. It received a message from its
Lite On Phil. Requiring it to lower its price by 10%. Complex in turn informed Lite On that
lowering the price was not feasible as they were already incurring losses. Complex then
informed its employees that it had to close down the operations of the Lite On Line but promised
that it would follow the law by giving retrenchment pay. The amount offered by complex was
rejected by the union. Subsequently, the machinery of complex was pulled out and transferred
to Ionics Circuit Inc. Union alleged that the pull out was a violation of the CBA and Labor Code.
RULING: A runaway shop is a relocation motivated by anti-union animus rather than for
business reasons. Ionics was not set up merely for transferring the business of Complex, it has
been in existence since 1984. It cannot therefore be said that the temporary closure of complex
and subsequent transfer of its business to Ionics was for anti-union purposes. Union failed to
show that the closure was due to the union activities of the employees. The mere fact that one
or more corporations are owned or controlled by the same or single stockholder is not sufficient
ground for disregarding separate corporate personalities.

COMPANY DOMINATION OF UNION (ART. 248[d])

Domination of a labor union usually manifests in the ff:
a. Initiation of the company union idea: (1) outright formation by the Er; (2) Ee formation on
outright demand or influence by the Er; (3) managerially motivated formation by the Ees
b. Financial Support to the union: defrays the union expenses or pays attys fees of the lawyer
who drafted the by-laws
c. Employer encouragement and assistance: immediately granting the union recognition
without determining WON the union represents the majority of the Ees.
d. Supervisory Assistance: soliciting of membership, permitting union activities during working
hours or coercing employees to join union by threats of dismissal.

DISCRIMINATION
Bataan shipyard Co. vs. NLRC
Ees were retrenched, even those in sick leave which happened to be union officers were
retrenched.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
RULING Although the retrenchment undertaken was valid, its exercise was not. Due process of
law should be observed. The company was discriminatory in selecting the employees to be
retrenched. All the retrenched employees are officers and members of the NAFLU.

17. Test of discrimination (NLRB vs. Ace Comb Doctrine p. 319)

- underlying reason for discharge must be established, must be motivated by lawful reason.
- Fact that a lawfl cause for discharge is available is not a defense where the employee is
discharged because of union activities.
- If the discharge is actually motivated by a lawful reason, the fact that the employee is
engaged in union activities at the time will not lie against the employer and prevent him
from exercise of his business judgment to discharge an employee for cause.

18. What is black listing? A list of persons marked out for special avoidance, antagonism or enmity
on the part of those who prepare the list, or those among whom it is intended to circulate, as
where a trade union black lists workmen who refuse to conform to its rules, or where a list of
insolvent untrustworthy persons is published by a commercial agency or mercantile association.

19. What is constructive discharge? A termination of employment brought about by making the
employees working conditions so intolerable that the Ee feels compelled to leave.

Ex. Where the employer prohibits employees from exercising their rughts under the act on pain
of discharge, and the employee quits as a result of the prohibition.

20. What is indirect discrimination? (art. 248 [f[) employer to dismiss or discriminate against an
employee for having filed charges or for having given or being about to give testimony under the
said act.

21. What is a union security clause? Exception to ULP. A form of agreement which imposes upon
the employees the obligation to acquire or retain union membership as a condition affecting
employment. It is discrimination favoring unionism.

22. Define the following:

a. closed shop- only union members can be hired by the company and they must remain as
union members to retain employment in the company.
b. union shop- non-members may be hired, but to retain employment must become union
members after a certain period. The requirement applies to present and future employees.
c. modified union shop- employees who are not union members at the time of signing the
contract need not join the union, but all workers hired thereafter must join.
d. maintenance of membership- no employee is compelled to join the union, but all present or
future members must, as a condition of employment, remain in good standing in the union.
e. exclusive bargaining shop- union is recognized as the exclusive bargaining agent for all
employees in the bargaining unit, whether union members or not.
f. bargaining for members only- the union is recognized as the bargaining agent only for its
own members.
g. agency shop- an agreement whereby employees must either join the union or pay to the
union as exclusive bargaining agent a sum equal to that paid by the members. Another term
for agency shop is maintenance of treasury shop
h. open shop- does not require union membership.

23. Distinguish modified union and maintenance of membership

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
a. modified union shop: you have to be a member
b. maintenance of membership: may or may not join, but once you join you have to maintain
good standing

24. Distinguish Agency shop and agency fee

a. agency shop: must join or if you do not want to join you must pay the agency fee
b. agency fee: paid by non-members of the union who are members of the CBU.

25. Amount of Agency Fee collected? Equal to the amount of the union dues of union members
26. What is the purpose of closed shop agreement/union security clause?
- to encourage right of self organization
- reason for enforcing the closed-shop agreement is the principle of
sanctity or inviolability of contracts guaranteed by the Constitution.

27. Is the union security clause a valid ground for dismissal? Yes. Union Security Clauses in
collective bargaining agreements, if freely and voluntarily entered into, are valid and binding.

Tanduay Distillery Labor Union vs. NLRC

Issue: WON TDI was justified in terminating the employment of private respondents based on
TDLUs demand to enforce the union security clause.
RULING: Yes. It merely enforced the agreement.

28. What are the requisites of dismissal due to the union security clause?
a. due process
b. clear and unequivocal statement on the matter in the CBA

Dismissal pursuant to Closed-shop clause: there should be a clear and unequivocal statement
that the loss of the status of a member in good standing in the union shall be a cause for
dismissal. Union shop as with closed-shop provisions, should be strictly construed against the
existence of union shop. (ICAYO vs. Central Azucarera)

Although a union security clause in a CBA may be validly enforced and dismissal pursuant
thereto may likewise be valid, this does not erode the fundamental requirement of due process.
REASON: Sanctity and inviolability of cintracts cannot override ones right to due process.

29. Who are liable for backwages of illegally dismissed Ees based on the union security clause?
- Union.

30. Who are persons excepted from closed shop?

a. employee who is a bona fide member of a religious organization which prohibits its
members from joining labor unions on religious grounds
b. employees already members of another labor union, or unions other than the majority union
c. Confidential employees
d. Excluded by the closed-shop agreement by express provision.
In the absence of manifest intent to the contrary, closed-shop agreements apply only to persons to
be hired or to employees who are not yet members of any labor organization and that said
provisions of the agreement are not applicable to those already in the service at the time of its
execution.

31. What is discrimination because of testimony? (Art. 248 [f]) aso includes analogous situations.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
32. What is article 118? Retaliatory measure of refusal to pay or reduce wages and benefits,
discharge or any manner discriminate against an employee who has or is about to testify
against the employer in proceedings.
Art. 248: covers any matter under the labor code; there is an intent to retaliate on the part of the
Er.

33. Distinguish paid negotiations and negotiation fees (Art. 241)

a. paid negotiations- employer to pay the union or any of its officers or agents any negotiation
fee or attorneys fee as part of settlement of the CBA
b. Negotiation fee- pertains to fees paid by the union for the services of a lawyer during CBA
negotiations.

34. What are the kinds of relief in ULP cases? (p.333)

a. cease an desist- upon finding of the Court after investigation that person named in the
complaint is engaged or is engaging in ULP, court shall issue a cease and desist order to
enjoin such person from engaging in ULP.
Requisites:
1. restrained misconduct is an issue in the case
2. there was a finding of fact of such misconduct supported by evidence
3. must confine its injunction to the acts complained of.
b. affirmative order- ex. Affirmative order to reinstate the employee with backpay from the date
of discrimination
c. order to bargain- when an employer has failed or refused to bargain with the proper
bargaining agent of his employees, court may compel the employer to bargain.
d. Disestablishment- where the employer has initiated, dominated or assisted in or interfered
with the formation or establishment of any labor organization, Court may issue an order
directing the employer to withdraw all recognition from the dominated labor union.

- If ULP is subject of a compromise approved by the majority is binding upon the minority who
did not approve the same except when it involves money claims.

35. What is ULP by subordinates? Who will be liable?

a. Knowledge by the employer of the employees improper acts- failure to prevent or renounce
the conduct, invited the imputation of fault and responsibility to the employer
b. Continuity of improper conduct by the employee- continued, widespread, repeated activities
by such supervisory employee in affront of the rights of the body of the employees was
deemed ample justification for ascribing knowledge and blame to the employer.
c. Employers past policy and attitude- similarity between past attitude or policy of the
employer and that of the offending supervisory employee might, in certain cases, be
indicative of a concert of effort between the two.

36. ULP by labor organization? (Art. 249)

37. Who are liable in case of violation? Responsible officers; those who are directly involved in labor
relations management (corporations); in case of labor organizations, officers or members who
PAR (participate, authorize or ratify) the ULP

38. Is there interference in ULP of labor organizations? No. It is part of exercising the right to self
organization

39. Salunga vs. CIR (P.340)

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
Salunga resigned from the union out of disappointment over the inaction of the union officials of
his grievances and misappropriation of union funds. Union asked the company to terminate his
employment on the basis of the union security clause. Company informed Salunga of the
possible termination due to his resignation from the union which made him seek reinstatement
in the labor organization. The union rejected his request.
RULING: The union may not arbitrarily exclude qualified applicants for membership or deny
readmission without any reasonable ground thereof. Right of the employee dismissed from
service due to unfair labor practice of the union, the latter is liable for payment of backwages.

40. Manila Mandarin Ee Union vs. NLRC (p.341)

RULING: Union security clauses cannot be used by union officials against an employer, much
less their own members, except with a high sense of responsibility, fairness, prudence and
judiciousness. A union member may not be expelled from her union, and consequently from her
job, for personal or impetuous reasons or for causes foreign to the closed shop agreement and
in a manner characterized arbitrariness and whimsicality.

41. Rance vs. NLRC (p.342)

RULING: The mere act of seeing help from NAFLU cannot constitute disloyalty as contemplated
in the CBA. At most it was an act of self-preservation of workers.

42. What is feather bedding? Make work, a form of exaction.

It is a term given to employee practices which create or spread employment by unnecessarily
maintaining or increasing the number of employees used, or the amount of time consumed, to
work on a particular job.

September 6, 2011

1. What is a collective bargaining agreement? A contract executed upon request of either the
employer or the exclusive bargaining representative of the employees incorporating the
agreement reached after negotiations with respect to wages, hours of work and all other terms
and conditions of employment, including proposals for adjusting any grievances or questions
under such agreement.

Strength of the Collective Bargaining Method:

1. means of ensuring workers participation in decision making.
2. Provide an opportunity for the exchange of information tending to enhance the
understanding of the parties for each other problems and objectives
3. Orderly procedure by which each side can seek to present to the other the best possible
case for the satisfaction of its particular demands.
4. Elicits consent of those who will have to live under the terms of any agreement derived from
the bargaining process.
5. Usefulness for solving problems.

2. Brief History of CBA in the Philippines (p.349)

a. CA 213 An act to define and regulate legitimate labor organization (Quezon)
b. RA 875 Industrial Peace Act (Magna Carta of Labor, Quirino)
c. P.D. 442 The Labor Code (Marcos)
d. 1987 Constitution (Bill of Rights, the right of the workers to collective bargaining

3. What is the procedure for Collective Bargaining? (Art.250)

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
4. What is the 4 processes of collective bargaining (p.245)
a. negotiation between management and union
b. execution of the written contract
c. negotiation of any question arising from interpretation or application
d. negotiation over terms and conditions of new contract or proposed modifications

JURISDICTIONAL PRECONDITIONS OF CBA

1. possession of the status of majority representation of the employees
2. proof of majority representation
3. demand to bargain under Art. 250(a)

Employers duty to recognize and bargain collectively with a union as the collective bargaining
representative of his employees does not arise until after the union requests the employer to
bargain.

Demand of the employees must be made in good faith and not merely as a pretext or device for
delay or evasion.

5. What is the set of continuous processes?

a. negotiation
b. administration
c. interpretation

6. Can you bind the minority union? No except if it is a certified collective bargaining agent.
Bargaining with minority union: it is ULP, as a refusal of collective bargaining to dela and
negotiate with minority representative to the exclusion of the majority representative.
Union side: where there exists a legitimate issue as to which of several unions is the legitimate
representative of employees, it is ULP for one of the unions to stage a strike and demand that
the employer sit down with it for collective bargaining.

WHEN BARGAINING SHOULD BEGIN

If the 3 jurisdictional preconditions are present, collective bargaining should begin within
12 months following the determination and certification of employees exclusive bargaining
representative.

12 month period= CERTIFICATION YEAR.

Er commits ULP by refusing to bargain with the union during its certification year,
notwithstanding the repudiation of the union by a majority of its employees before the expiration
of the one-year period.

7. What will happen if there is no CBA within the certification year?

a. A Petition for certification election can be filed
b. Refutable presumption of majority status of the existing bargaining agent.

8. What is the mode of negotiation in the Philippines? Single Enterprise Bargaining.

9. What is the duty to bargain? Performance of a mutual obligation to meet and convene promptly
and expeditiously in good faith or the purposes of negotiating an agreement (Art. 252)
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
10. What is the duty to bargain collectively? Neither party shall terminate nor modify such
agreement during its lifetime.

a. when there is an existing CBA, what is the duty? To respect the existing agreement

11. CASE: FAMTI VS. MTI: Until a new CBA is executed by and between the parties, they are duty
bound to keep the status quo and to continue in full force and effect the terms and conditions of
the existing agreement. The CBA is the norm o conduct, it encompasses all terms and
conditions of the agreement.

12. What is the exception to the rule that the existing CBA should NOT be modified?
a. notice= 60 days before expiration, both parties should observe status quo.

60 day period in art. 253 is different from the 60 day period in art. 253-A and 256

ART. 253 ART. 253-A

60 days to modify/terminate/renew/ new CBA 60 Days pertains to representation
60 days before the expiration of the 3 rd year of 60 days before the expiration of the 5th year of
the CBA= renegotiation of economic/political the CBA= refers to the representation aspect.
provisions

12. What are the 4 forms of ULP in collective bargaining?

a. failure or refusal to meet and convene
b. evading the mandatory subjects of bargaining
c. bad faith in bargaining, including failure or refusal to execute the collective agreement, if
requested
d. gross violation of the CBA.

13. What happens in case of unresolved petition for certification election?

Capitol Medical Center vs. Trajano
RULING: Pendency of a petition for cancellation of registration does not preclude collective
bargaining. If a CE may still be ordered despite pendency of a petition to cancel the unions
registration certification, more so should the collective bargaining process continue despite its
pendency. The majority status of the respondent union is not affected by the pendency of the
petition for cancellation pending against it.

14. What is the Doctrine of Successor Employer? An acquiring employer is a successor to the
bargaining obligations of his predecessor if there is a continuity in the business operation. If it is
an entirely new enterprise, it is not obliged to assume predecessors duty to bargain.

15. Suppose the Er can no longer afford to pay the benefits? Is it a valid cause to refuse to bargain?
No. the duty to bargain collectively does not compel either party to agree to a proposal or
require the making of a concession. An employer has not been held guilty of a refusal to bargain
by adamantly rejecting the unions economic demands where he is operating at a loss, on a low
profit margin, or in a depressed industry, as long as he continues to negotiate.

ACTS NOT DEEMED REFUSAL TO BARGAIN

1. adoption of an adamant bargaining position, in good faith, particularly where the company is
operating at a loss;
2. refusal to bargain over demands for commission of unfair labor practices
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
3. refusal to bargain during the period of illegal strike.

In case of strike, when the strikers return to work and the strike is terminated, the employers
duty to bargain collectively becomes operative again.

NEITHER IS THE DUTY TO BARGAIN VIOLATED WHERE:

1. there is no request for bargaining
2. the union seeks recognition for an inappropriately large unit
3. the union seeks to represent some persons who are excluded from the act
4. the rank and file unit includes supervisors or inappropriate otherwise
5. the demand for recognition and bargaining is made within the year following a certification
election in which the clear choice was no union and no ad interim significant change has
taken place in the unit.
6. The union makes unlawful bargaining demands

16. Rivera Case (p. 405)

17. Standard Chartered Bank Case

Union asserts that the company commited ULP, when the bank HR suggested to the union that
the president of the federation be excluded from the unions negotiating panel.
RULING: An employer interferes in the selection of union or coerces the union to exclude from
its panel of negotiators a representative of the union, and it can be inferred that the employer
adopted said act to yield adverse effects on the free exercise of the right to self-organization or
on the right to collective bargaining of the employees, ULP under art. 248(a) in connection with
art. 243. Substantial evidence is required to support the claim. In the case at bar, the Union
bases its claim of interference on the alleged suggestions of the HR manager. Records show
that after initiation of the collective bargaining process with the inclusion of the federation
president in the Unions negotiating panel, the negotiation pushed thru.

Non-rely to proposal
Kiok Loy vs, NLRC: A companys refusal to make counter-proposal if considered in relation to
the entire bargaining process, may indicate bad faith and this is especially true where the
Unions request for a counterproposal was left unanswered. It is not obligatory upon either side
of a labor controversy to precipitately accept or agree to the proposals of the other.

18. How about the code of conduct of union members, is it subject to bargaining? No. If it is the
code of conduct of the Employees, Yes it is a mandatory subject of bargaining.

MANDATORY SUBJECTS
- Bargaining relating to wages, hours, and other terms and conditions of employment.
- It must materially or significantly affect the terms or conditions of employment.
- Whether the agreement concerns a mandatory subject of bargaining depends not on its
form, but on its practical effect.
Examples of Mandatory Subjects of bargaining
1. Wages and other types of compensation, including merit increases
2. Working hours and working days, including work shifts
3. Vacations and holidays
4. Bonuses
5. Pensions and retirement plans
6. Seniority
7. Transfer
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
8. Lay-offs
9. Employee workloads
10. Work rules and regulations
11. Rent of company houses
12. Union security arrangements

Voluntary Benefits- may be the proper subject of bargaining.

Where the subject of the dispute is a mandatory subject. Either party may bargain to an
impasse as long as he bargains in good faith. The duty to bargain does not obligate a party to
make concessions or yield a position fairly held. An employers adamant insistence on a
bargaining position is not necessarily a refusal to bargain in good faith.

19. How about management prerogative? Mandatory subject?

a. If on Company Policies: NO
b. If on Terms and Conditions of employment: YES

20. What is the SOLOMONIC SOLUTION? Wage Factors Solomonic approach.

Ex. Employer= 5.00 increase
Employee= 10.00 increase
Solomonic Solution= 5+10= 15.00 /2= PHP 7.50 Increase.

Solomonic Approach- a collective bargaining dispute requires due consideration and proper
balancing of the interest of the parties to the dispute and of those who might be affected by the
dispute.

21. What are non-mandatory subjects? subjects which cannot be the subject of deadlock.
An employer bargains to an impasse over a non-mandatory bargaining subject when he refuses
any agreement with the union unless the union capitulates to him on that subject.

Once bargaining and agreeing on a permissive subject of bargaining, the parties do not make
the subject a mandatory topic of future bargaining.

Bargaining to the point of deadlock may or may not amount to bargaining in bad faith depending
on whether the insistence refers to a mandatory or non-mandatory subject of bargaining.

Mandatory Subject- a party may insists on bargaining, even to the point of deadlock, and his
insistence will not be construed as bargaining in bad faith. REASON: The duty to bargain
requires meeting and convening on terms and conditions of employment but does not require
assent to the other partys proposals.

Non-Mandatory Subject- a party may not insist on bargaining to the point of impasse, otherwise
his insistence can be construed as bargaining in bad faith.

22. When is there a deadlock/impasse- exists where good faith bargaining on the part of the parties
has failed to resolve the issue and there are o definite plans for further efforts to break the deadlock.
a. is this the end of collective bargaining? No.
b. no deadlock or impasse by failure of one of the parties to bargain in good faith.

22. CASE: Manila Central Line Corporation

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
Although the unions petition was for compulsory arbitration, the subsequent agreement of
petitioner to submit the matter for arbitration in effect made the arbitration a voluntary one. The
essence of voluntary arbitration is that it is by agreement of the parties, rather than by
compulsion of the law. It does not matter that the person chosen as arbitrator is the labor arbiter.
There is nothing in the law that prohibits the LA from also acting as a voluntary arbitrator.

23. How is GOOD FAITH BARGAINING determined?

This requires a sincere effort to reach agreement, although it does not require agreement itself.

DETERMINATION: good faith or bad faith is an inference to be drawn from the facts and is
largely a matter for the NLRBs expertise.

24. CASE: SMTFM vs. NLRC

The charge of bargaining in bad faith should be raised while the bargaining is in progress. When
the bargaining is finished and the CBA has been executed voluntarily by the parties, a charge of
bargaining in bad faith is too late and untenable.

With the execution of the CBA, bad faith bargaining can no longer be imputed upon any of the
parties thereto. All provisions in the CBA are supposed to have been jointly and voluntarily
incorporated therein by the parties. The unions proposal, not being part of the signed contract,
cannot serve as basis of holding the management guilty of bad faith in bargaining or in
implementing their contract as signed.

25. What are the instances of Bad Faith?

a. delay, imposing time limit on negotiations
b. failing to vest sufficient authority in negotiations.

26. What is surface bargaining? A sophisticated pretense in the form of apparent bargaining, does
not satisfy the statutory duty to bargain. An employers proposals which could not be offered
with any reasonable expectation that they would be accepted by the union.

Going through the motions of negotiating without any legal intent to reach an agreement.
(Standard Chartered Bank Employees Union vs. Confesor)

27. What is shifting bargaining positions? Repeated shifts in position and attitude on the part of an
employer whenever a tentative agreement is reached are evidence of a refusal to bargain
collectively in good faith.

28. What is Blue-sky bargaining? Making exaggerated or unreasonable proposals.

29. CASE: NLRB vs, GE (P.387) What is BOULWARISM?

A bargaining policy where as negotiations approached, the company would use its local
management personnel to help determine the desires of the workforce on the type and level of
economic benefits; these were translated by the company into specific proposals, whose cost
and effectiveness were researched in order to determine an attractive bargaining offer within the
companys means.

30. How do you ratify the CBA?

a. ratified or approved by majority of all the workers in the bargaining unit.
b. Posting of the CBA in 2 conspicuous places for 5 days in the work place.
Non-compliance with the MANDATORY REQUIREMENTS renders the CBA ineffective.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012

September 13, 2011

1. What is the mandatory requirement before CBA becomes effective?

a. ratification
b. posting of a copy of the CBA in 2 conspicuous places in work premises (5days)

2. Exception to the preceding requirements? If the CBA is the product of an ARBITRAL AWARD.

Arbitral award may result from:

a. voluntary arbitration under art. 262
b. from the secretarys assumption of jurisdiction
c. certification of the dispute to the NLRC under art. 263

CBA still needs to be posted I 2 conspicuous places in the workplace, but the posting is for the
information and not ratification.

3. Non-posting, will it render the CBA ineffective? Yes. ALU vs. Calleja
PURPOSE OF POSTING: PURPOSE: to inform the employees in the bargaining unit of the
contents of said agreement so that they intelligently decide whether to accept the same or not.

4. When is ratification not needed? in case of ARBITRAL AWARD

5. Why is ratification in case of the preceding question no longer needed? it is inconsistent to the
nature of arbitration. Arbitral award may be subject to appeal.

Decision of VA- appealable via Rule 43 (CA)

6. Unwritten CBA, Valid? Yes. Art. 252.

a. is this applicable in the Philippines?
Justice Calleja: Posting is a mandatory requirement, therefore CBA must be written.

7. CASE: Bachrach (footnote 4, p. 393)

Considering that the evident purpose of the collective agreement is to restore industrial peace
by settling all previous controversies and that such purpose would be aborted if the union were
allowed to preserve the dispute on accrued vacation leaves and considering that the right to
payment of accrued vacation leaves is waivable, the union claim for such payment of accrued
vacation leaves should be deemed validly and actually renounced by it under its collective
bargaining agreement.

8. What is a ZIPPER CLAUSE?

A clause in an employment agreement in which both parties waive the right to demand
bargaining on any matter not dealt with in the contract, regardless of whether that matter was
contemplated when the contract was negotiated or signed. A zipper clause in a written contract
makes it clear that only the promises contained in that writing are part of the employment
relationship.

a. presumption of completeness of the argument

b. unresolved issues pertaining to CBA provisions will no longer be entertained
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
9. Where to register CBA? Registered with the DOLE regional office where the bargaining union is
registered or where it principally operates.

- Art. 231 requires registration within 30 calendar days from execution of the agreement.
- Failure to register the CBA does not make it invalid or unenforceable. ITS NON-
REGISTRATION RENDERS THE CONTRACT-BAR RULE INOPERATIVE.
- CBA duly entered into and signed by the parties becomes effective as between the parties
regardless of whether the same has been certified by the BLR.

Registration Requirements:
Application for CBA registration shall be accompanied by the original and 2 duplicate
copies of the following certified under oath by the representatives of the employer and labor
unions:
a. collective bargaining agreement
b. statement that the same was posted in 2 conspicuous places within the establishment at
least 5 days before its ratification
c. statement that the CBA was ratified by majority of the employees in the bargaining unit.

Application may be denied if its supporting documents are incomplete or not verified under oath.
If the denial is by the regional office, it is appealable to the bureau within 10 days or to the
secretary of labor if denial is by the bureau.

IMPLEMENTATION, THEN RENEGOTIATION

Implementation starts even before the contract is registered indicating that registration is just a
formal step in the collective bargaining process but not a prerequisite for its validity and
enforceability.

Renegotiation applies only to the renegotiable provisions (those which do not pertain to the
identity or political status of the bargaining union).

Automatic Renewal of CBA: (Art.253) Parties shall continue the CBA in force and effect until
they reach a new agreement.

New Pacific Timber Supply vs. NLRC: until a new CBA has been executed by and between the
parties, they are duty bound to keep the status quo and continue in full force and effect the
terms and conditions of the existing agreement. The law does not provide for any exception nor
qualification as to which of the economic provisions of the existing agreement are to retain full
force and effect, therefore it must be understood as encompassing all the terms and conditions
in the said agreement.

10. CASE: SMC vs. Confessor (p.403)

CBA to run from July 1, 1989 to June 30, 1984. On August 13, 1991, company informed its
employees that the company would undergo a restructuring. Notwithstanding the restructuring,
the CBA remained in force and effect. CBA renegotiation started in July 1992. During the
negotiations, the union insisted that the bargaining unit of SMC should still include the
employees of the spun off corporations.
RULING:
a. spill off
b. length of effectivity of the CBA: Representation 5 years
Other provisions 3 years
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
11. Extension of CBA beyond the 5 year period, what is required?
Valid, As long as it does not affect the freedom period. Freedom period must still be exercised
even during the 5th year.

12. When is the effectivity of the new agreement after the 3rd year if the parties have come to an
agreement within 6 months from expiration of period to renegotiate other provisions?
a. date after date of expiration (it will retroact)

13. What is the rule in the case of Manila Electric vs. Quisimbing if the CBA is a result of an arbitral
award?
a. within 6 mos. :it will retroact
b. after 6 mos.: agreement of the parties when to become effective
c. if there is no agreement: prospective. If there is a CBA, it is the discretion of the
NLRC/VA/Court/etc

14. Arbitral Award, No CBA, Submitted for arbitration?

It will retroact on the first day after 6mos. from expiration. (p.401)

15. 10 Years suspension of CBA: RIVERA vs. Espiritu (p.405)

the 5yr period is applicable only if there is a CBA, otherwise: inviolability of contracts should be
respected.

16. CASE: Topic vs. Topic Employees Union (FFW)

17. CASE: Lepanto Case
18. What are the 2 cases wherein injunction may be given?

17. Republic vs. Mills (p.409)

a. strikers and employer do not have Er-Ee relationship, the strikers only had lease on the land.
b. injunction may be given if the case does not arise from a labor dispute.
c. injunction does not prevent strikers from picketing.

19. What is a labor management council? It can handle/interfere as long as terms and conditions of
employment are in dispute.
a. What is its purpose? Submit/represent Ees in grievances.

- It can represent employees across the enterprise, present grievances regardless of the
grievants rank, and proffer proposals unhindered by formalities.
- It can also handle projects and programs whoever is the proponent, form committees for
myriad purposes, instill discipline and improve productivity.

Organized Establishments: workers representatives to the council shall be nominated by the

exclusive bargaining representative.
Unorganized Establishment: the workers representative shall be elected directly by the
employees at large.

20. CASE: PAL vs. NLRC

PAL completely revised its code of discipline and circulated it among its employees.
Subsequently, some employees were subjected to disciplinary measures for alleged violations
of the revise code. PALEA filed a complaint for ULP.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
a. Can Ees participate in the making of the Code of Discipline by the Er? YES
b. Can Er interfere (vice-versa)? No it will amount to interference.

Ruling: The collective bargaining agreement may not be interpreted as a cession of employees
right to participate in the deliberation of matters which may affect their rights and the formulation
relative thereto. And one such matter is the formulation of a code of discipline. Participation
does not mean co-management of the business. There is no impairment of management
prerogatives.

21. What is a Collective Bargaining Unit?

- That group of jobs and jobholders represented by the recognized or certified union when it
bargains with the employer.
- May comprise all the supervisors or, separately, all the rank and file employees.
- Refers to the group of employees sharing mutual interests within a given employer unit or any
specific occupational or geographical grouping within such employer unit.

Bargaining Union- one where majority of the CBU members belong.

22. What is the TEST OF APPROPRIATENESS? Community of interest.

Whether it will best assure to all employees the exercise of their collective bargaining rights.
One which is comprised of constituents enjoying a community of interest.

23. What are the several factors considered regarding community of interest? (p.421) TAKE NOTE!
a. similarity in scale and manner of determining earnings
b. similarity in employment benefits, terms and conditions of work
c. similarity in kinds of work performed
d. similarity in qualifications, skills, training
e. frequency of contact or interchange among employees
f. geographic proximity
g. continuity or integration of production processes
h. common supervision and determination of labor relations policy
i. history of collective bargaining
j. desires of affected employees
k. extent of union organization.

24. What is the GLOBE DOCTRINE? (p. 425) desire of the Ees.
Ruling: While the desires of employees with respect to their inclusion in bargaining unit is not
controlling, it is a factor which should be taken into consideration in reaching a decision.

23. What is the EQUITY OF THE INCUMBENT?

The one union-one company policy must yield to the right to self organization for purposes not
contrary to law.

25. Can 2 companies with related business have a single bargaining unit? NO
CASE: DLS-CSB vs. DLSU
Ruling: Court also affirms the findings of the voluntary arbitrator that the employees of the
college of St. Benilde should be excluded from the bargaining unit of the rank and file
employees of DLSU, because the 2 educational institutions have their own separate juridical
personality and no sufficient evidence was shown to justify the piercing of the veil of corporate
entity.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
CASE: San Miguel Case (p.430) SMFI and Magnolia
Ruling: Subsidiaries or corporations formed out of former divisions of a mother company
following a bona fide reorganization may constitute separate bargaining units. In determining
appropriate bargaining unit, the test of grouping is mutuality or commonality of interest.
Employees sought to be represented must have substantial mutual interest in terms of
employment and working conditions.

26. What is the significance of the scope of the CBU? (p.430)

a. it determines who can:
1. vote during the certification election
2. be represented
3. be covered by the CBA
B. determination if union can file PCE (25% of the CBU)

27. What is the distinction between CBU and Union (p.431)

a. in a CE the voters are the CBU, whether union/non-union members
b. in CBA ratification the voters are the unit, not just the union
c. in strike voting, the voters are the members of the union, not all of the unit

28. Who ratifies the CBA? Collective Bargaining Unit

29. Who votes during a strike vote? Members of the Union

30. When there is an effort for voluntary recognition? Collective Bargaining Unit

31. When do you file PCE in an organized establishment? During the FREEDOM PERIOD

32. When do you file a PCE in an unorganized establishment? ANYTIME

33. Who can file PCE? Local union, Employer, LLO

**TAKE NOTE OF THE PROCEDURE, DISTINCTIONS, REQUIREMENTS, WHO CAN FILE PCE
Exclusive Bargaining Representative- any legitimate labor union duly recognized or certified as the
sole and exclusive bargaining representative or agent of all the employees in the bargaining unit.

ORGANIZED ESTABLISHMENT UNORGANIZED ESTABLISHMENT

An enterprise where there exists a recognized or Where no union has yet been duly recognized or
certified sole and exclusive bargaining agent certified as bargaining representative
Voluntary recognition is not possible. Petition to Employer may voluntarily recognize the
hold CE has to be filed within the freedom period bargaining agent;
(last 60 days of the fifth year of the expiring
CBA) if there are obstacles to this, petition to hold an
election may be filed anytime by any legitimate
Filed by any LLO but petition must have written labor organization, except within 12 months from
support of at least 25% of the employees in the a previous CE, run off, or consent election
bargaining unit.

- employer may also file for a Certification Election

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
Certification Election- the process of determining thru secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit for purposes of collective
bargaining or negotiation.

CE, Run-off and Consent election needed only when 2 or more are vying to become the exclusive
bargaining representative.

UNION ELECTION CERTIFICATION ELECTION

Held pursuant to the unions constitution and by- Process, ordered and supervised by the DOLE,
laws, and the right to vote in it is enjoyed only by of determining, thru secret ballot, whether or not
union members a majority of the employees wish to be
represented by a labor organization and if in the
affirmative, by which particular labor org.
Winners become union officers Winner becomes the representative of the whole
bargaining unit.

WHO FILES PCE: Registered union, employer, LLO, National federation or National union in behalf
of its local/chapter, local or chapter itself

In unorganized establishment- Med-arbiter shall automatically order the conduct of a CE, such order
is not appealable. (Why not appealable? I will be prejudicial to the right of the workers to self-
organization)

Other unions interested to join the CE may file a MOTION FOR INTERVENTION. Intervenor must
be a LLO.

WHERE TO FILE PCE: Regional office which issued the petitioning unions certificate of registration
or certificate of creation as a chartered local.

WHEN TO FILE PCE:

In case of voluntary recognition, entry of the recording of a voluntary recognition shall bar the filing
of a petition for certification election for a period of one year from the date of the entry
(employer and the union should conclude and register a CBA within one year from voluntary
recognition, otherwise, the same will lapse and a rival union may petition for a certification election.)

Three Methods to determine Bargaining Union

1. Voluntary Recognition
2. Certification Election with or without run-off
3. Consent Election

34. To have a valid election, who must participate? How many votes? Majority of members of the
Collective Bargaining Unit, 50+1

35. What happens if there is a failure of election?

Less than majority of the members of the CBU voted= FAILURE OF ELECTIONS
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
REMEDY: File a motion within 6mos. for another election (this refers to the same PCE) within
15 days conduct of the certification election (p.473)

If there is an election, and there are spoiled ballots, the winning union must get 50+1 of the valid
votes.

36. When does a run-off election occur? (Art. 256)

a. when no one from the choices got the majority vote (50+1)
b. in a run off election no union is not included in the choices.
c. Total no. of votes should be 50%

Run-off election is proper if the 5 concurrent conditions exists:

1. a valid election took place because majority of the CBU members voted.
2. The election presented at least 3 choices
3. Not one of the unions obtained majority of the valid votes
4. The total number of votes for all unions is at least 50% of the votes cast
5. There is no unresolved challenge of voter or election protest

DOCTRINE OF FAIR REPRESENTATION- obligates the majority union to serve the interest of all
members of the whole bargaining unit without hostility or discrimination.

The bargaining agents capacity as exclusive representative is only for the purpose of collective
bargaining.

For non-CBA issues the minority union may act as a group of employees to present grievances to
the employer.

May a minority union charge the employer with ULP? A legitimate labor organization, although not a
bargaining agent, is protected by the law against ULP by the employee.

37. If the petition is filed by the national union in behalf of the local, can they reveal the names of
the officers? NO

38. If it is the local who files is the same rule in the preceding question applicable? NO sila nga ang
nagfile so obviously they would have to reveal their names.

As long as there was a pending PCE during the freedom period another union may
join/intervene even after the freedom period has expired.

39. Suppose: Union A= 15% of CBU

Union B= 20% of CBU WILL THE PCE BE ENTERTAINED?

Yes. As long as the total no. of consent is 25% of the CBU or more, the PCE may be
entertained.

40. What is a CONSENT ELECTION?

a. there is no need for Med-Arbiter to hear the petition on the merits.
b. By agreement of the parties, recorded in the minutes
c. Available also in an unorganized establishment
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
d. In an ORGANIZED establishment, even if there is consent election no certification election
will be conducted during the 60 day freedom period.

41. When do you file a PCE? depends whether the CBU has a CBA or not
With CBA Without CBA
Filed within the last 60 days of the 5 th year of the May be filed anytime outside the 12-month bar
CBA (in case where the no union choice wins in a
previous CE, the establishment will be un-
unionized for a period of 12mos.)

42. What is Art. 258-A, 259

43. Can a Certification Election in an unorganized establishment be appealed? NO

Order of Certification Election in an UNORGANIZED ESTABLISHMENT is not appealable but
the RESULTS are APPEALABLE.

Order of C.E. in ORGANIZED ESTABLISHMENT is appealable.

44. What is VOLUNTARY RECOGNITION? When there is no certification election.

Three Concurrent Conditions
a. possible only in an unorganized establishment
b. only one union is asking for recognition
c. union voluntarily recognized must be the majority union.

45. If there is no objection? Employer and the union must file a notice of voluntary recognition.

46. What is the purpose of a preliminary conference?

a. possibility of a consent election
b. WON to proceed with C.E. or dismiss the PCE
c. Determine the bargaining unit
d. Identity of contending unions

47. What are the contents of a Petition for Certification Election? (p.443)
Petition shall be in writing, verified under oath by the president of the petitioning labor
organization, if a local/chapter it must attach its charter certificate. In case the employer filed the
petition, the owner, president or any corporate officer authorized by the board of directors shall
verify the petition.

It shall contain the following:

a. bargaining unit is unorganized, or there is no registered CBA
b. there exists a duly registered CBA, the petition is filed within the 60-day freedom period of
such agreement
c. if another union had been previously recognized voluntarily or certified in a valid CE,Consent
or run-off election, that the petition was filed outside the 1-year period from date of recording
of such voluntary recognition or conduct of CE, no appeal is pending thereon.
d. In an organized establishment- the signature of at least 25% of all employees.

48. What are the grounds for denial of the PCE?

LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
A. NON-APPEARANCE- non-appearance by the petitioner for 2 conseutive scheduled
conferences with the med-arbiter
B. UNREGISTERED UNION- petitioning union is not listed with the Departments registry of
LLOs or registration has been cancelled
C. NO CHARTER- The loca/chapter failed to submit its charter certificate upon filing of the PCE
D. ABSENCE OF ER-EE RELATIONSHIP
E. 12 MONTH BAR- filing of a petition within 1 year from the date of recording of the voluntary
recognition, or within the same period from a valid certification, consent, run-off election
where no appeal on the results of the CEs
F. NEGOTIATION OR DEADLOCK- duly certified union has commenced and sustained
negotiations with the employer within the 1 year period or where there exists a bargaining
deadlock which has been submitted to conciliation or arbitration or has become subject of a
valid notice of strike or lockout where an incumbent or certified bargaining agent is a party.
G. EXISTING CBA- filing the petition before or after the freedom period of a duly registered
CBA.
H. LACK OF SUPPORT- failure to submit 25% signature requirement.

Contract Bar Rule NOT APPLIED:

a. DEFECTIVE CBA
ALU vs. Ferrer Calleja
RULING: There is no proof tending to show that the CBA has been posted in at least 2
conspicuous places in the establishment at least 5 days before its ratification and that it has been
ratified by the majority of the employees in the bargaining unit. To be a bar to a certification
election, the CBA must be adequate in that it comprises substantial terms and conditions of
employment.

b. REFERENDUM TO REGISTER INDEPENDENT UNION

Federation of Unions of Rizal vs. Calleja
RULING: What is involved is a referendum to be conducted among the rank and file employees
to determine WON they are in favor of having an independently registered union in the
establishment. This referendum is neither union disaffiliation nor severance; it is not disallowed
by law even while a CBA exists. Holding the referendum is not banned by the contract bar rule.

- a CBA may be renegotiated before, during or after the 60-day period. But if during such
period a PCE is filed, the Med-arbiter can order the suspension of the renegotiation until the
representation proceedings finally end.

- Effect of an early agreement: the representation case shall not be adversely affected by a
CBA registered before or during the last 60 days of a subsisting agreement or during the
pendency of a representation case.

RATIO: Victorias Milling Co. vs. Victorias-Manapla Workers

Pendency of the petitions for certification election did not bar or preclude the renewal of the
collective bargaining agreement. Otherwise, there would be a gap or interregnum during which
no agreement would govern, that is, from the time the old collective bargaining contract expired
to the time the petition for certification election is decided and a new agreement entered into with
the union that may be duly certified as the proper bargaining unit.

What would be the effect on the renegotiated CBA if a union other than the one that executed it
should win the CE?
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
Union thus certified would have to respect the contract, but that it may bargain, with the
management to shorten the life of the contract if it is too long

ATU vs. Trajano

RULING: When a collective agreement is entered into at the time when the petition for
certification election had already ben filed by a union and was then pending resolution, the said
collective bargaining agreement cannot be deemed permanent, precluding the commencement
of negotiations by another union with the management. In the meantime, however, so as not to
deprive the workers of the benefits of said agreement, it shall be recognized and given effect on
a temporary basis, subject to the results of the certification election.

49. CASE: Capitol Medical Center (footnote 1 p.448)

Ruling: Ordinarily a bargaining agent who failed to secure a CBA within 12mos. could be
suspected as a tool of management and should be replaced. But if circumstances show that the
cause of not having concluded a CBA was not the unions fault, such union should not be
blamed, and a CE should not be authorized even though no CBA has been concluded despite
the passage of 12 mos. The situation takes the nature of bargaining deadlock.

50. CASE: NAMAWU vs. Luna (p.459)

Ruling: the 25% requirement is relevant only when it becomes mandatory to conduct a
certification election. In all other instances, the discretion, according t the rulings of this tribunal
ought to be ordinarily exercised in favor of a petition for cancellation.

51. CASE: Atlas Free Workers (p.459)

Ruling: even if the statutory requirement of 25% had not been strictly complied with, the med-
arbiter is still empowered to order that it be held precisely for the purpose of ascertaining which
of the contending labor organizations shall be the exclusive collective bargaining agent.

Exception why 25% not considered because in this case 12 years has passed but company was
still not unionized.

It is MANDATORY for the Med-arbiter to order certification election when 25% requirement has
not been met.

Effect of withdrawal of signatories- if withdrawal happened before the filing, the withdrawal is
presumed voluntary and it does not affect the propriety of the petition; if after, the withdrawal is
deemed involuntary and it does not necessarily cause the dismissal of the petition

Conduct of Certification Election

1. Raffle of the Case (Reg. Dir. To raffle to an election officer within 24 hrs.)
2. Pre-Election Conference (election officer to cause issuance of notice of pre-election
conference 10 days from receipt of the assignment.

October 4, 2011

1. What is a collective bargaining deadlock? When does it occur?

2. What are the usual remedies to the preceding question? VA/Strike/Lock out
3. What are the requisites of a strike?
Procedure: a. Notice of strike
a. cooling off period
b. strike vote
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
c. strike vote report
- 7 day period should be counted from the strike vote report
- at least 24 hours strike vote should take place (mandatory requirement)

4. What is the purpose of the strike vote/strike vote report?

5. If there is a dismissal of union officers, can they go on strike?
6. What is a lock out?
7. What is a strike?
8. What is secret balloting?
9. What is the cooling off period?
10. CASE: PILIPINO TEL CORP
11. What is the assumption of jurisdiction?
12. What happens after the assumption of jurisdiction? There is a determination if the industry
involved is indispensable to the national interest.
13. What can the SOLE do? He can either:
a. Assume jurisdiction and take over the dispute
b. Certify the case to the NLRC
14. What happens after the assumption of jurisdiction? The strike or lock out is enjoined.
15. What is a CERTIFICATION ORDER?
a. After the certification election and no protest as to the winning union, there is a certification
order issued to the Employer ordering it to recognize the bargaining agent.
b. CERTIFICATION TO THE NLRC of the DISPUTE.
c. There is no need to include a RTWO, upon assumption the same is automatic. It results to
an AUTOMATIC INJUNCTION against the Er-Ee.
16. CASE: Manila Hotel: RTWO is IMMEDIATELY EXECUTORY notwithstanding a pending MR.
17. How about Strikes and Lockouts pertaining to Hospitals/Medical Institutions? Can they go on
strike? Yes.
18. What are the requirements in the preceding section?
a. skeletal force during the duration of the strike
b. certified within 24 hrs for compulsory arbitration

19. What is the PRIMACY OF VOLUNTARY ARBITRATION? Parties may agree to submit to
voluntary arbitration.
20. What are the prohibited acts during a strike or lock out?
21. When is an Ee-Member dismissed upon participation in a strike? When there is an employment
of UNLAWFUL/ILLEGAL ACTS
22. CASE: Chuayuco Steel: DOCTRINE OF VICARIOUS LIABILITY is not applicable in strikes.
23. Can the Er hire replacements for the striking employees? YES.
24. What are the conditions for the preceding question? (p.664)
25. Requirements pertaining to the presence of the police.
26. What is the exception to the 50 meter radius requirement?
a. easement of right of way
b. when there is actual violence or commission of criminal acts.

27. What is the improved offer of ballot? When does this happen?
a. if there is a strike
b. in case of lock out= REDUCED OFFER

28. When is the improved offer conducted?

a. on or before the 30th day of the strike.
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
29. Why is the improved offer done on the 30th day?
This refers to the cooling off period/notice of strike

30. What happens during the 30 day cooling off period?

Conciliation is done by the NCMB

31. How does concerted activity by one happen? (p.533)

32. What is the purpose of a strike?

To demand the grant of concession from the employer

32. When does injunction allowed?

In case of national interest

33. What are the instances of a valid lock out? (p.538)

34. What are the instances of unlawful lockouts? (p.539)

35. What is a WHIPSAW STRIKE?

Multi-employer set-up with only one union
Ex. Construction industry
Consists of intermittent strikes.

36. What is a wild cat strike?

It is not authorized by the union.

**For lockout based on a whipsaw strike to be valid, lockout must apply to all employees.

37. What are the kinds of strike?

38. When is a general strike considered illegal?

- When there is a work stoppage.
- Not illegal if there is no work stoppage and allowed by the employer.
- There is a skeletal force.

39. Distinguish between SYMPATHETIC STRIKE vs. SECONDARY STRIKE (p.543,541)

40. Sta. Rosa Case (Coca-Cola)

The mere fact that you call the strike a different name is inconsequential. What is important is
the substance of the concerted activity.
Important Factor: There was a disruption of production. (Sta. Rosa Plant)
- Even shop stewards are considered union officers, therefore they can be dismissed.

40. What is AVOIDANCE OF STRIKE? (p. 544)

- voluntary mediation thru the effort of the NCMB or upon application of the parties.
- If preventive mediation fails, a notice of strike must first be complied with.

41. What are the instances of premature strike? (p.545)

42. Protection of Strike (p.546-547)
43. Legality of Strike (p.549-550)
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
44. When is a no strike clause applicable?
- in case of bargaining deadlock strike / economic strike

44. Incase of Assumption of Jurisdiction?

45. Why is ACTUAL REINSTATEMENT required?
- RTWO- employee must return to work (it is a DUTY)
- If the employee does not return to work he may be dismissed.
- In a regular strike, in case of actual reinstatement and the employee does not return to work,
he WAIVES his right.

46. Dusit Hotel Case: No actual reinstatement, employees were all bald waiters which is not
compliant to the grooming standards of the hotel.
47. Strike Vote- may only be used with regard to the issue it was called for. It cannot be used for
other issues.
48. Industrial Timber Case (p.556)
49. PAL vs. SOLE (p.565)
a. strike vote was premature= CBA still had 9 months remaining.
b. There was a violation of the no strike clause
c. NCMB declared notice of strike appropriate for preventive mediation
d. SOLE exceeded jurisdiction in enjoining the ER to discipline its employees (strike was
illegal)

50. If a petition to declare a strike illegal is filed, pending decision of the case= The employer cannot
dismiss the striking employees.
51. St. Scholasticas College Case (p.618)

52. What is the CONVERSION DOCTRINE? (p.571)

53. Is the Conversion Doctrine applicable in the Philippines?

54. In case of the 30 day cooling of period for bargaining deadlock, is the 15 day cooling off period
for ULP strike absorbed in the former period?
- Conversion in the on-going strike is for the purpose of determining liability.

55. Legality of the strike is not dependent on the ability of the management to grant the demands of
the employees.
56. Tests in determining strike in good faith (p.575)
57. Norton vs. Harrison Case (p.576)
58. Tiu vs. NLRC (P.580)
59. A strike even if in good faith may be declared illegal if it fails to comply with requirements.
60. A minority union cannot go on strike if it is in an organized establishment.
61. Implied assertion of union infallibility (p.588)
62. Strike on non-strikeable issues
63. Reliance Surety (p.589)
64. GTE Directories (p.590)
65. IBM vs. NLRC (p.591)
66. What is the jurisdiction of the Voluntary Arbitrator
a. wage distortion
b. co. personnel policies
c. interpretation of the CBA
LABREL Recit Notes
Atty. Jimeno
Kalai SY 2011-2012
67. Who are liable for prohibited acts during the strike?
- union officers
- those who engage in illegal activities during the strike

68. Mere filing of the charges against the employee for alleged illegal acts does not justify dismissal,
the same must be proven.
69. People vs Barba
- there was no illegal detention

70. Union Filipro vs. Nestle (p.602)

71. If a dispute is certified to the NLRC, it acts as an ADMINISTRATIVE BODY or an extension of
the SOLE.
72. If there is a RTWO/assumption of jurisdiction, the employer is required to notify the employees.
73. If the employee is dismissed prior to the assumption of jurisdiction, SOLE cannot order
reinstatement.
74. San Agustin vs. CA (p.606)
75. Abandonment- applicable in case of defiance of a RTWO.
76. Actual not payroll readmission is required. (p.613)
77. University of Immaculate Concepcion vs. SOLE (p.614 footnote 2)
78. What happens if there is a pending case for injunction for ULP, a certification to NLRC occurs?
Other cases will be suspended or it may be consolidated. If the pending case is not included in
the certification order, it may be suspended or proceed independently.
79. St. scholasticas college vs. Torres (p.617) why was the PAL case not applicable?
80. Judicial review of the SOLEs award. (p.622)
81. On Strike Clause
a. GOP-CCP Case (p.625)
b. IBM Case (p.626 footnote 2)
c. University of San Agustin (p.627)
d. Benguet Consolidated (p.629)

82. What is picketing?

- the right to picket is a phase of the feedom of speech, as long as lawfully
exercised.

83. PAFLU vs. Cloribel (p.634)

84. Picketing of a Home (p.636)
85. Philippine Blooming Mills (p.640)
86. What is the difference between BOYCOTT and STRIKE?
87. What are the kinds of boycott?
88. Lawfulness of Boycott
89. Union officers or leaders? (p.649)
90. Jackbilt Case (p.652)
91. Striking employees who have found employment- CROMWELL Case (p.656)
92. Exaction of promise: to be ULP, if the condition of return is to encourage or discourage
membership in the union. (p.657)
93. PIMA vs, Ang Tibay (p.657 footnote 1)
94. Citizens Labor Union (p.657)
95. Bisaga land Trans co. (p.657)